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OYSTER LAW 

OF THE 
STATE OF 'LOUISIANA 



ALSO 



LAW PROVIDING FOR A 

STANDARD MEASURE 



FOR 



OYSTERS 



ISSUED BY THE 



BOARD OF COMMISSIONERS 
FOR THE 

Protection of Birds, Game and Fish i= 

NEW ORLEANS 
1910 

J u 

U — I I =1 1 -^1 1 ,p===] | — _ . — 11^ 






C O I^ Y 



OF THE 



OYSTER LAW 

OF THE 
STATE OF LOUISIANA 

Act No. 189 of 1910 



PRESS OF 

OAMERON-PIERSON CO., LTD. 

NEW ORLEANS 



n. OF 0. 

*"r^ 31 1910 



inoe::?c 



Numerals Rkfkr to Pagi':s 



A 

Applications for Leases, How Made 5, 6 

B 
Board of Commissioners, Sole Custodian of the Oyster Ee- 

sources of the State ^ 

Board of Commissioners Has Power to Lease Bottoms 6 

Board of Commissioners Must Eeserve Certain Eeefs 8 

Board of Commissioners' Decisions Final ^ 

C 

Canners Must Obtain License 11 

Commission Men Must Obtain License H 

Canners, Amount of License ^'^ 

Culling Oysters on Natural Eeefs 13 

Cargoes May Be Seized 1^ 

D 
Dredging, How Permitted 1"* 

F 
Fishing on Natural Eeefs Permitted Under Supervision of 

Board ^^ 

H 
Hand Tongs to be Used 

I 

11 1 ^ 

Inspectors, Eights of ' 

L 

o 
Leases Begin Day Lease is Signed 

Leases, Status of Same 

Leases, How Forfeited 

M 

1 ^ 20 
Measurement, Standard Bushel •^"' 

Measurement of Vessels 



N 

Xatural Eeefs, Portions to be Rented „ _ „ » - 8 

O 

Oysters From Xatnral Eeefs Must Be Culled _ 15 

Oysters in Shells iMust Xot Be Taken Out of the State 15 

P 

Pointe-au-Fer Eeef Xot Rentable _ _ 8 

Packers Must Obtain License - _ ~ — ~ 11 

Ports of Entry to be Established _ _ _ 12 

R 

Rentals, Prices Thereof „ _ 10 

S 

Stakes Must Be Set ^ _ _ 7 

Staking Off ITnleased Bottoms Prohibited _ — 13 

Scrapers, Permission to Use — 14 

Stealing Oysters Prohibited ~ 15 

V 

Vessels Gaining Oysters !Must Obtain License _ 10 

Tessels Carrying Oysters Must Have Manifest 11 

Vessels Purchasing Oysters Must Obtain License „ _ 13 

Vessels Violatinsr Law '^lax Be Seized 16 



To regulate the oyster industry of the State of Louisiana, by 
recognizing and declaring the ownership of the State to all 
water bottoms or beds of streams, bayous, lagoons, lakes, bays, 
rivers and canals, along the coast of the Gulf of Mexico, and 
of the Gulf of Mexico, within the jurisdiction of Louisiana, 
by prohibiting their alienation in fee simple; by recognizing 
and declaring the ownership of the State in and to all oysters 
growing thereon by limiting the riparian owners to low water 
mark; by providing for the leasing of oyster lands of water 
bottoms belonging to the State; by recognizing leases already 
made on the same, by providing for the licensing, registering 
and designation of vessels employed in the oystfer industry; by 
levying a special assessment or privilege tax on oysters taken 
from Louisiana waters and a license tax on persons, firms, or 
corporations, and vessels engaged in the oyster industry; by 
providing the manner of collecting, handling, depositing and 
disbursing the revenues derived therefrom; by providing for 
the protection of natural oyster reefs, and the designation of 
oyster preserves; by providing the manner of shipping or 
taking oysters out of the State; and by providing such other 
rules and regulations necessary to properly carry out the pur- 
poses of this Act; by providing penalties and forfeitures for 
the violations of this Act; and by repealing and superseding 
all laws or parts of laws in conflict herewith, more especially 
Act N'o. 52 as amended by Act 178 of 1906, Act 167 of 1908 
and Act 291 of 1908. 

Section 1. Be it enacted by the General Assembly of the State 
of Louisiana, That all beds and bottoms of rivers, bayous, lagoons, 
lakes, bays, sounds, and inlets bordering oh or connecting with the 
(jrulf of Mexico, and that part of the Gulf of Mexico within the 
jurisdiction of the State of Louisiana, including all natural 
oyster reefs and all oyster and other shell fish growing thereon 
shall be, continue and remain the property of the State of Louisi- 
ana, except as otherwise provided, and shall be under the exclusive 
control of the Board of Commissioners for the Protection of Birds, 
Game and Fish. The Board may permit the use of the said 

5 



bottoms and reefs for the purpose of fishing, taking, bedding and 
raising oysters and other shell fish, subject to the restrictions im- 
posed by law, and the regulations of said Board, in so far as they 
do not conflict with the laws of the State. 

No grant, sale or conveyance of the lands forming the bottoms 
of said bodies or streams of water, shall hereafter be made by 
the Eegister of the State Land Office, by any other official, or by 
any subordinate political corporation. 

Persons, firms or corporations domiciled in this State with their 
factories, shucking plants, and shipping depots located therein, 
may enjoy the right of fishing oysters from the natural reefs and 
leased bedding grounds whenever they have complied with the law 
and the rules and regulations of said Board; provided such oysters 
are canned, shucked or packed in this State, or shipped raw in 
shells, from a shipping depot in this State, but no person, firm, or 
corporation shall ship oysters out of this State for canning or pack- 
ing out of the State. 

Section 2. Be it further enacted, etc.. That the rights of the 
owners or occupants of land on the shores of any of the waters 
hereinbefore described shall extend to ordinary low water mark 
only, and no one shall own in fee simple any bottom lands enumer- 
ated in Section 1. All leases of bedding grounds made in pur- 
suance of Act 110 of 1892, Act 121 of 1896, Act 153 of 1902, 
Act 52 of 1904, Act 178 of 1906, Acts 167 and 291 of 1908 shall 
continue in force and effect up to their expiration, provided such 
lessees shall pay to the Board of Commissioners for the Protection 
of Birds, Game and Fish the rental provided for by law, and 
subject themselves to the regulations imposed by the said Board. 
All owners of expiring leases shall have the first right of rencM^al 
of their leases. 

Section 3. Be it further enacted, etc.. That the Board of Com- 
missioners for the Protection of Birds, Game and Fish shall have 
the power to lease any and all water bottoms and natural reefs as 
described in Section 1 of this Act. No claim to any water bottoms 
by any person, firm or corporation, shall be valid or have any 
effect, until adjudicated by a court of competent jurisdiction 
between the State and claimant, and said claimant shall by virtue 
hereof have a right of action against the State in any Court of 
competent jurisdiction for the legal determination of the validity 
of his claim. 

Section 4. Be it further enacted, etc., That any person, firm, or 
corporation, desiring to lease a part of the bottom or bed of any 
of the waters of this State as provided herein, shall present to the 

6 



Board of Commissioners for the Protection of Birds, Game and 
Fish, a written application, together with a cash deposit of such 
amount as may be determined by the Board, setting forth the 
name and address of the applicant, a reasonably definite description 
of the location and amount of the land covered by water desired 
by applicant and shall ask that the application be registered, that 
the water bottom be surveyed, that a plan or map of survey thereof 
be made, and that the water bottom described be leased to the 
applicant under the provisions of this Act. Thereupon the Board 
shall register said application and shall order an examination to 
determine whether the bottoms applied for are leasable or not. 
Should they be found so, a survey and plan shall be made at the 
expense of the applicant at a fee to be fixed by the Commission. 
Said expense shall only be paid for when the applicant has been 
awarded, the lease applied for. When applications are made by 
two or more persons for the same water bottoms, the applicant who 
files the first application shall have prior claim. The Board shall 
require the bodies of the water bottoms leased to be as compact as 
possible, taking into consideration the shape of the body of water 
and the conditions of the bottoms as to hardness or soft mud, which 
would render them desirable or undesirable for the purpose of 
oyster cultivation. 

Section 5. Be it further enacted, etc., That in the event of 
said application being favorably acted upon and as soon as the 
survey has been made, the plan or map thereof filed with the 
Board, and the cost thereof paid by the applicant, the Board shall 
execute in duplicate, a lease of the water bottoms to the applicant 
with plan of survey; one duplicate to be delivered to him and the 
other with plan of survey to be retained by the Board and 
registered in a Lease Book kept by them for that purpose. 

Such lessee thereafter shall enjoy the exclusive use of said 
water bottoms, and all oysters, shells and cultch grown or placed 
thereon shall be his, her, or their exclusive property, so long as 
the rental is paid thereon. 

The lessee, under the supervision of the Board, shall stake off 
and mark the water bottoms leased, by such ranges, monuments, 
stakes, buoys, etc., as it may deem necessary to ascertain and 
locate same to the end that the location and limits of the water 
bottoms embraced in the said lease be easily and accurately found 
and fixed. 

In default thereof the Board shall erect such markings as it may 
deem necessary, the costs of same to be collected from the lessee. 
Afterwards it shall be the duty of the Board to maintain said 
markings at their own expense. 

r 



Section 6. Be it further enacted^ etc., That all leases made 
under the provisions of this Act, shall begin on the day that the 
lease is signed, and shall continue for a period not to exceed fifteen 
(15) years under such restrictions as are provided herein. The 
rent shall be paid in advance at the time of signing the lease up 
to the first day of October following, and annually thereafter in 
advance on or before the first day of October of each year, whether 
the lease be held by the original lessee, or by an heir, assign or 
transferee. 

No person, firm, or corporation, shall lease, hold or control more 
than one thousand (1,000) acres of said water bottoms, except that 
when said lessee owns or operates more than one canning plant he 
or they may be permitted to lease an additional 500 acres of water 
bottoms and reefs for a second plant, an additional 300 acres for 
a third plant, an additional 200 acres for a fourth plant, provided 
that should the said lessee cease to operate any plant by virtue of 
the erection or ownership of which he has been permitted to in- 
crease his lease holding acreage, such cessation of operation shall 
operate a forfeiture of his lease upon such acreage as he may hold 
by reason of the erection or ownership of said plant other than 
the first plant erected, and any person, firm or corporation which 
holds or controls, or seeks or attempts to hold or control, by part- 
nership or otherwise, more than this amount by any scheme, agree- 
ment, understanding, or combination, whatsoever, shall forfeit, 
after due trial by a competent court, all leases lield by him on it. 

Each lessee may be apportioned an area of natural reefs of not 
more than twenty (20) per cent, of the total area granted, and 
eighty (80) per cent, of hard and soft bottoms and depleted reefs, 
as may be decided upon by the Board after survey of same has 
been made by the Chief Surveyor and a report thereon has 
been made by him to the Board, provided that no lessee shall hold 
on lease more than one hundred and fifty (150) acres of natural 
reefs; said apportionment by the Board to be conclusive and final. 
No lessee shall be compelled to take water bottoms incapable of 
being developed into oyster bearing lands. It is expressly stipu- 
lated that no part of the Point-au-Fer Reef, located in the Parishes 
of Terrebonne and St. Mary, shall ever be leased. It is also decreed 
that not less than seventy (70) per cent, of the total area of the 
natural reefs, exclusive of the Pointe-au-Fer Reef, of any Parish, 
shall first be reserved to the State to be held free from leasage 
forever. 

As soon as practicable after the promulgation of this Act, the 
said Board shall examine the natural reefs of this State and make 
its reservation of the 70 per cent, of natural reefs to be held noc 



subject to lease^, and as soon as reserved, the Board shall then 
insert in one newspaper in each Parish to be affected, for thirty 
days, a notice that applications for the lease of water bottoms will 
be received and filed without regard to date, and that on and after 
January 1, 1911, the Board may begin to award allotments of 
oyster bottoms containing natural reefs, after having caused said 
bottoms to be examined. And said Board shall award and appor- 
tion said bottoms among the various applicants in such manner as 
will best conserve the interest of the industr}^, the respective appli- 
cants and the State; provided, that the holders of oyster leases of 
date prior to May 1, 1910, shall have first preference over the appli- 
cants for bottoms in the waters of the Parish in which said leases 
are located, and the areas now held by such persons shall be con- 
sidered in determining the area of natural oyster reefs which they 
may be permitted to lease under the provision of this Act; pro- 
vided that no lease of natural oyster reefs shall in any way inter- 
fere with public fishing on said reefs prior to April 1, 1911. 

The Board of Commissioners for the Protection of Birds, Game 
and Fish is hereby given the right to make such stipulations in 
the lease as it shall deem necessary or proper when not inconsistent 
with the provisions of the law. 

No license tax, other than those imposed in this Act, shall be 
levied or imposed by the State, or any of its subordinate political 
corporations, or municipalities. Each tenant leasing water bottoms 
under the provisions of this Act shall each year after the com- 
mencement of said lease, place under cultivation at least one-tenth 
of the leased barren water bottoms. 

Section 7. Be it further enacted, etc.. That all leases made in 
conformity with the provisions of this Act shall be heritable and 
transferable. They shall also be subject to mortgage, pledge or 
hypothecation and shall be subject to seizure and sale for debt, as 
any other property rights and credits in this State; this provision 
shall also apply to all buildings, betterments, and improvements 
thereon. No such inheritance or transfer shall be valid or of any 
force or effect whatever, unless evidenced by an authentic act, 
judgment or proper judicial deed registered in the office of the 
Board in a book provided for that purpose. The Board shall keep 
proper indexes, so that all original leases and all subsequent changes 
and transfers can be easily and accurately ascertained. 

Section 8. Be it further enacted, etc.. That the failure of the 
tenant to pay the rent punctually on or before the first day of 
October of each year or within thirty (30) days thereafter, shall 
ipso facto, and without any demand or putting in default terminate 
and cancel said lease and forfeit to the Board of Commissioners for 

9 



the Protection of Birds, Game, and Fish all the works, improve- 
ments, betterments and oysters on the said leased water bottoms, 
and the said Board is authorized to at once enter on said water 
bottoms and take possession thereof ; provided that no leased water 
bottoms shall be forfeited for non-payment of the said rent, unless 
there shall have previously been mailed by the Board to the last 
known address of such tenant according to the books of the Board, 
a thirty (30) days' notice of the maturity of said rent. There- 
upon such water bottoms shall be open for lease to the highest 
bidder and the Board, ten days thereafter shall enter such termina- 
tion, cancellation and forfeiture on its books and shall give public 
notice thereof, by publication in one local paper in the Parish 
where said leased water bottoms are located. The Board shall waive 
such termination, cancellation and forfeiture provided the rent due 
with ten (10) per cent, additional, be tendered to it within thirty 
days after the publication of the forfeiture provided for herein 
after same became due. 

Section 9. Be it further enacted, etc.. That from and after the 
passage of this Act the rentals on all leased water bottoms and 
natural reefs made in conformity with the provisions of this Act, 
shall not be less than one dollar ($1.00) per acre or any fraction 
of an acre per year on all soft and hard bottoms and depleted reefs 
and not less than five dollars ($5.00) per acre or any fraction of 
an acre per year for all natural reefs, said amount to be deter- 
mined by the Board after the Chief Surveyor has reported on same 
as provided herein. The rate named by the Board for such leases 
shall be conclusive and final. 

The provisions of this Act shall extend to all leases of oyster 
bedding grounds heretofore made by the State, through the police 
juries, and the Oyster Commission of Louisiana, upon the termina- 
tion of such original leases or any of the conditions thereof. 

Section 10. Be it further enacted, etc.. That all vessels engaged 
in the oyster industry, before beginning operations must first 
secure a license from the Board of Commissioners for the Protec- 
tion of Birds, Game and Fish and for that purpose the owner, 
captain or agent of said vessel must present in writing an applica- 
tion setting forth the name and description of said vessel, the name 
and postoffice address of the owner and captain, the number of the 
crew, and such further data as the Board shall deem necessary and 
thereupon the Board shall register said vessel and issue the neces- 
sary license on payment of the cost thereof. All licenses shall be 
graduated according to the oyster carrying capacity of each boat or 
vessel, and shall be ascertained under the rules and regulations to 
be prescribed by the Board on the basis of twenty (80) barrels to 

10 



the ton and all vessels or boats are required to submit to the neces- 
sary survey for their license. A license tax of fifty cents per ton 
or fraction of a ton is hereby levied on each vessel, or boat engaged 
in the oyster industry in this State when of one (1) ton or more 
capacity and a compliance with the provisions of the regulations 
shall be required of all vessels determined by the Board to be 
engaged in the freighting of oysters. 

The name of any boat or vessel engaged in the oyster industry 
shall not be changed without the consent of the said Board. 

These licenses shall always be subjected to inspection by the 
officers of the Board, and shall not be good for any vessel or owner 
than that for which issued without the consent of the Board 
written across the face of the license. Licenses shall be issued by 
the Board on license blanks which shall be furnished by the Board. 
All vessels engaged in the business of carrying of oysters to the 
Port of New Orleans shall have in their possession and shall dis- 
play same upon arrival at said port, a manifest on blank forms, to 
be furnished by said Board, giving all the details of the cargo which 
said vessel is carrying on that particular trip. 

The license year for all licenses shall begin September 1st of one 
year and end August 31st the next year. 

The license provided by this section being licenses exacted by the 
State in the control of her own property and in the protection of 
the oyster property of others over which a State control is necessary, 
no Parish or municipality shall impose any license tax on said 
industry. 

Section 11. Be it further enacted, etc.. That each packer, 
canner, commission man, dealer, firm, or corporation, shall keep a 
record of all oysters purchased by himself or themselves, with the 
names of the parties from whom purchased, the quantity, and the 
date. They shall also keep an itemized account of all oysters 
fished by themselves and by all boats controlled by them and shall 
exhibit said account at all times to the Board of Commissioners for 
the Protection of Birds, Game and Fish or any of its authorized 
employees. On the first day of each month said packer, canner, 
commission man, dealer, firm, or corporation, shall make a return 
under oath, to said Board as to the number of barrels purchased 
and caught during the preceding month, and a tax of three (3) 
cents per barrel on each and every barrel of oysters canned, packed 
or gathered from the leased water bottoms and reefs, either for sale 
or consumption, shall be levied thereon by said Board. 

Inspectors of said Board are authorized to enter upon any boat, 
or to enter any building other than a domicile, where oysters are 
carried or stored and to inspect such oysters at all times. 

11 



In all operations of the Board, the standard measurement of the 
barrel referred to herein shall be three and seventy-three one- 
hundredths (3.73) cubic feet, which approximately represents the 
cubic contents of three (3) bushels, or one barrel. 

Section 12. Be it further enacted, etc.. That the Board of Com- 
missioners for the Protection of Birds, Game and Fish shall have 
power to establish ports of entry at such points as it may deem 
convenient, where the privilege taxes levied herein shall be paid; 
and the Board shall have power to make such rules and regulations 
as may be necessary to enforce the collection of the privilege taxes 
provided for in this Act. 

The Board shall also have the right to examine, inspect and 
audit the books, papers and memoranda of all persons, firms and 
corporations engaged in the oyster industry under license issued by 
said Board. 

Section 13. Be it further enacted, etc.. That no person, firm or 
corporation, shall engage in the business of canning oysters in 
the State until they shall first have procured from the Board of 
Commissioners for the Protection of Birds, Game and Fish an 
annual license for which a charge of one hundred dollars ($100.00) 
shall be made by said Board for each steam box in use in such 
establishment; and no person, firm, or corporation, shall engage in 
the business of buying for resale and shippings oysters raw in shells 
or packed, until they shall first have procured from said Board an 
annual license for which a charge of twenty-five dollars ($25.00), 
shall be made by said Board when ten or more shuckers shall be 
employed in such establishment; when less than ten and more 
than five shuckers are employed, the license shall be fifteen dollars 
($15.00) per annum; when five or less shuckers are employed, the 
license shall be ten dollars ($10.00) per annum; and when no 
shuckers are employed and oysters are handled in the shell the 
license shall be ten dollars ($10.00) per annum; when not more 
than ten thousand barrels of oysters are bought, shipped, and sold 
per annum, fifteen dollars ($15.00) per annum. When more than 
ten thousand and less than fifteen thousand barrels of oysters are 
bought, shipped and sold per annum, twenty dollars ($20.00) per 
annum. When less than twenty thousand barrels are bought, 
shipped and sold per annum, and when the number of barrels 
bought, shipped and sold per annum shall exceed twenty thousand, 
the license shall be twenty-five dollars ($25.00) per annum. 

No person, firm, or corporation shall begin business without first 
procuring at least the minimum license. At the end of the year, 
sworn returns of oysters bought, shipped and sold by each licensee 

12 



shall be made and computed and such licensee shall pay the addi- 
tional license shown to be due by him thereby. 

Vessels purchasing for resale oysters to make up a cargo shall 
procure a license permitting the conduct of such business which 
shall be graded upon the tonnage of the boat employed, on the 
following basis, to-wit : 

Where the boat does not exceed five tons, the license shall be 
ten ($10.00) dollars per annum; where the tonnage is more than 
five and not exceeding ten tons, the license shall be fifteen ($15.00) 
dollars per annum; where the tonnage exceeds ten tons the license 
shall be twenty ($30.00) dollars per annum; and every such 
licensed vessel shall carry on board a suitable book in which a daily 
record shall be made of all oysters purchased, giving the date of 
purchase, the name of the seller or vessel from which purchased 
and the quantity of oysters purchased, which said record shall at 
all times be open to the inspection of the officials of said Board 
and extracts therefrom shall be furnished said Board whenever 
required. 

Section 14. Be it further enacted, etc.. That it shall be unlaw- 
ful for any person, firm or corporation to stake off the water bot- 
toms enumerated in Section 1 of this Act, or to bed oysters on 
said water bottoms without previously leasing same from the 
Board of Commissioners for the Protection of Birds, Game and 
Fish, and after the payment of the rental and fees provided herein. 

Section 15. Be it further enacted, etc., That it shall be un- 
lawful for any person, firm, or corporation to take or catch oysters 
on the natural reefs of the State, or to have such oysters in pos- 
session, except under the rules and regulations of the Board of 
Commissioners for the Protection of Birds, Game and Fish, and 
the onus shall be upon the accused to establish that any 03'sters in 
his or their possession were taken from leased water bottoms. For 
the purposes of this Act, all oysters in possession of any person, 
firm or corporation, in this State, shall be deemed to be oysters 
fished in Louisiana waters. 

All oysters taken from the natural reefs of this State shall be 
culled upon their natural reefs as taken, and all oysters which 
measure less than three (3) inches from hinge to mouth, and all 
dead shells shall be immediately replaced and scattered broadcast 
upon the natural reefs from which they are taken. No captain or 
person in charge of any vessel, and no canner, packer, commission 
man, dealer or other person shall have in his possession ofi' the 
natural reefs, any natural reef oysters not culled according to the 
provisions of tliis Act. Any excess of over five (5) per centum of 
dead shells and oysters under the size prescribed herein in any 

13 



cargo or lot of oysters shall be considered a violation of this Act, 
and any officer of the Board of Commissioners for the Protection of 
Birds, Game and Fish is authorized to cause to be counted the 
whole or part of said cargo or lot of oysters at the expense of such 
person or vessel, to determine said percentage when found neces- 
sary, no oyster under one inch in length from hinge to mouth shall 
be counted, and each half shell of proper size shall be counted as 
one. All unculled oysters in the possession of any canner, shucker 
or catcher, shall be presumed to be natural reef oysters, and the 
onus shall be upon the accused to prove that they were fished from 
a private bedding or planting ground. 

Under its supervision and direction the Board may permit lessees 
of oyster bedding grounds to fish for bedding purposes from natural 
reefs unculled oysters as seed without charge and shall have author- 
ity to designate from what natural reefs said oysters may be 
fished and the quantity to be taken therefrom by any lessee. 

Section 16. Be it further enacted, etc., That it shall be un- 
lawful to use a dredge, or any means or implements other than 
hand tongs, in removing oysters from the natural oyster reefs of 
this State, except in bodies of water over a depth of ten feet, or 
where in the opinion of the Board of Commissioners for the Pro- 
tection of Birds, Game and Fish, the body of water, regardless of 
its depth, is declared to be too open and exposed to be fished with 
hand tongs, in which event the Board shall be authorized to issue 
a license for the use of scrapers or dredges, provided the applicant 
shall pay an annual license fee of twenty-five dollars ($35.00) for 
each sailing vessel using scrapers or dredges, and of fifty dollars 
($50.00) for each power vessel in addition to its otlier license, and 
shall give bond in favor of the Board with good security in the 
sum of one thousand dollars ($1,000.00) conditioned that said 
implements 'shall not be used on the natural reefs contrary to law. 
The Board is granted the power to increase or diminish the depth 
of water in which it shall be lawful to use scrapers or other imple- 
ments in the fishing of oysters from the natural oyster reefs of the 
State, provided that it shall not decrease the depth of water in 
which dredging may be permitted in any water other than in the 
Parish of St. Bernard or on the Pointe-au-Fer Eeef or at the 
mouth of Calcasieu River or to suspend the fishing of oysters alto- 
gether from natural reefs when said reefs are threatened with de- 
pletion. 

Section 17. Be it further enacted, etc.. That lessees of propa- 
gating or bedding grounds shall have the right to use in such 
bedding grounds any implements or appliances they may desire. 
The Board of Commissioners for the Protection of Birds, Game 

14 



and Fish may require that such lessee may procure a permit from 
the Board to use such implements, and the Board may require of 
such lessees that they shall furnish bond in favor of the Board in 
the sum of one thousand dollars ($1,000.00), that such instru- 
ments or appliances shall not be used on the natural oyster reefs 
contrary to law. When such instruments or appliances are used 
exclusively on private propagating or bedding grounds, no charge 
shall be made for said permit. No implements or appliances, how- 
ever, shall be used in such manner as will impair or destroy any 
water bottom held by lessees. 

Section 18. Be it further enacted, etc.. That it shall be unlawful 
for any person to knowingly or wilfully take oysters, shells or 
cultch, bedded or planted by a lessee under this Act, or any oysters 
deposited by such lessee for making up a cargo for market, or who 
shall knowingly or wilfully carry or attempt to carry same away 
without permission of the owner thereof, or who shall Imowingly 
or wilfully remove, break off, destroy, or otherwise injure, or alter 
any stake, bounds, buoys, or other designation of anv bedding or 
propagating grounds, or who shall Imowingly or wilfully move any 
bedding ground stake, buoy, mark or other designation placed by 
the Board of Commissioners for the Protection of Birds Game and 
Fish. 

No person shall take a cargo or any part of a cargo of oysters 
in the shell, out of the State on any vessel or water craft, or shall 
fish, catch or gather a cargo or any part of a cargo of such oysters, 
with the intent to take them out of this State into any other State 
for any purpose. 

All owners of vessels engaged in the oyster industry shall issue 
printed instructions to the captains and crews in charge of said 
vessels calling attention to the provisions of this Section and same 
shall be duly executed by the interested parties before a com- 
petent notary, the original to be kept by the Board and a duplicate 
to be had in possession at all times by the captain of said vessel 
and shown on demand of any officer or warden. Lack of possession 
of such document on a vessel or a refusal to show same, shall be 
prima facie evidence that such paper does not exist. 

Section 19. Be it further enacted, etc.. That the Board of Com- 
missioners for the Protection of Birds, Game and Fish shall give 
to each licensed vessel or boat a license number, and the captain 
of said vessel shall at once cause it to be painted on each side of 
the bow of such vessel or boat, in figures at least six inches long 
and of proportionate width, in a color distinct and different from 
the body color of the hull, and shall also display said number on 
the peak of the main sail of his vessel, and each figure on said sail 

15 



shall be at least sixteen (16) inches long, of proportionate widtli 
and six inches apart. 

Section 20. Be it further enacted, etc., That in all disputes as 
to boundaries between lessees of bedding grounds, the Board of 
Commissioners for the Protection of Birds, Game and Fish is em- 
powered with full authority to settle same and their decision shall 
be subject to appeal to any court of competent jurisdiction. 

Section 21. Be it further enacted, etc., That the Board of Com- 
missioners for the Protection of Birds, Game and Fish shall acquire 
such boats, vessels and other property as may be necessary to regu- 
late and supervise the work of the Board, and as soon as the funds 
become available for the purpose, said Board shall establish and 
maintain, by means of armed vessels, the necessary patrol of the 
Gulf Coast with authority to use such arms as may be necessary to 
capture any vessel, person or persons violating the provisions of 
this Act. 

Section 22. Be it further enacted, etc., That for the purpose of 
carrying into effect the provisions of tliis Act, and the rules and 
regulations of the Board of Commissioners for the Protection of 
Birds, Game and Fish, Commissioners, inspectors, employees of the 
Board, captains and members of the crews of all vessels in the 
service of the Board, are hereby constituted peace officers with the 
power of arrest on view, without warrant, any one violating the 
provisions of the law, and it shall be the duty of all captains and 
crews to lend their assistance and the assistance of their vessels to 
any employee of the Board in making arrests. 

Section 23. Be it further enacted, etc.. That any owner, captain, 
person, agent, officer, crew or member thereof, of any vessel violat- 
ing the provisions of Section 18 of this Act, shall subject the 
vessel and cargo thereof to seizure by any one authorized to make 
arrests under this Act, and taken into custody and delivered to the 
Sheriff' of the Parish in which the seizure is made, and shall be 
liable to forfeiture on appropriate proceedings being instituted by 
the Board of Commissioners for the Protection of Birds, Game and 
Fish before the District Court of that Parish ; the following rules 
to govern the proceedings in such cases. 

The proceedings shall be by ordinary suit, instituted in the name 
of the Board of Commissioners for the Protection of Birds, Game, 
and Fish, by petition setting forth the cause of action and praying 
for the forfeiture of said vessel, and after due trial and judgment 
obtained, said vessel shall be sold at public auction at the prin- 
cipal front door of the Courthouse by the Sheriff after due adver- 
tisement, and the proceeds thereof paid by him to the Treasurer of 
the School Funds for the use of the Public Schools of said Parish, 

16 



after deducting costs, fees and commissions prescribed by law in 
judicial sales. 

Should the owner of such seized vessel be able to prove to the 
satisfaction of the Court before whom the case is tried, that the 
captain and crew of said vessel had agreed in writing to comply 
with the provisions of Section 18 of this Act in every particular 
and that it was not the intention of said owner to permit or allow 
any infraction of said provisions, then, and in that event, the owner 
of said vessel shall be considered blameless, the vessel shall be 
released upon payment of all costs, and the captain and crew of 
said vessel only shall be adjudged guilty of violating the provisions 
of said section, the penalty of which shall be imprisonment in the 
parish jail for not less than ninety (90) days, nor more than two 
(2) years, at the discretion of the Court. 

The cargo of the seized vessel, if perishable, shall be at once 
disposed of by the sheriff and the proceeds held by him until the 
final adjudication of the suit and then disposed of in same manner 
as the proceeds from the sale of the vessel. Pending this proceed- 
ing, such vessel may be released upon the owner furnishing bond 
with good and solvent security in double the value of the vessel, 
and which bond shall remain in the lieu and stead of said vessel 
and cargo in the hands of the said sheriff to insure its being 
returned in good condition to the sheriff and have the same sub- 
jected to the judgment of the Court, or to pay the amount of the 
judgment and costs rendered in the suit. 

Section 24. Be it further enacted, etc.. That any person, firm, 
corporation, or common carrier, their agents and officers, violating 
any of the provisions of this Act, shall be deemed guilty of a mis- 
demeanor, and shall, on conviction thereof, pay the costs of the 
prosecution, and be fined not less than one hrmdred dollars 
($100.00) nor more than five thousand dollars ($5,000.00), or be 
imprisoned in the parish jail for not less than ninety (90) days, 
nor more than two (2) years, or both fine and imprisonment, at the 
discretion of the Court, for each offense. 

Upon the second conviction of any person, firm, or corporation 
for violating any of the provisions of this Act, all licenses issued 
to such person, firm or corporation shall be forfeited, and the 
Judge shall declare it so, as a part of his sentence. 

Section 25. Be it further enacted, etc., That all fines collected 
under the provisions of this Act, shall be payable to the State 
Treasurer for the use of the Police Jury of the Parish in which 
the violation occurred. 



17 



C O F^ Y 



OF THE 



LAW PROVIDING FOR A 

STANDARD MEASURE 



FOR 



OYSTERS 



PASSED BY THE 



GENERAL ASSEMBLY 



OF THE 



STATE OF LOUISIANA 



IN THE YEAR 



1910 



Section 1. Be it enacted by the General Assembly of the State 
of Louisiana, That there shall be in this State for the purchase and 
sale of oysters arriving at ports or cities within the State of more 
than fifty thousand inhabitants from any other port, city or place, 
whether said oysters arrive in barrels, sacks, bulk or otherwise, a 
standard measure in the form of a basket, which shall contain one 
bushel and one-half a bushel, said baskets to be inspected and 
stamped by the Inspector of Weights and Measures or other officer 
exercising his functions for the respective districts or parishes 
where said oysters arrive, if there be any such inspector or officer 
at the place of arrival, and in the Parish of Orleans by the In- 
spector of Weights and Measures of the municipality or district 
where the oysters thus arriving are unloaded. 

Section 2. Be it further enacted, etc.. That each and every 
sack of oysters arriving at the ports or cities mentioned in Section 
1 of this Act shall contain one standard basket as established by 
this Act, and each and every barrel of oysters arriving at the 
different ports or cities mentioned in said Section 1 of this Act, 
shall contain two standard baskets as established by Section 1 of 
this Act, said sacks and barrels to be inspected by the inspector or 
officer exercising his functions as provided in Section 1, and must 
contain the measurements stated in this Act at the time of delivery 
to the consignee, buyer or importer, and at the time of delivery to 
any subsequent buyer of said oysters after arrival, whether in sacks, 
barrels or baskets. 

Section 3. Be it further enacted, etc., That the Inspector of 
Weights and Measures or other officer exercising his functions in 
the district or parish where said oysters are unloaded shall be 
entitled to charge and collect for such inspection from the buyers, 
importers or consignees of said oysters a fee of one-fourth of one 
cent for each basket inspected and unloaded, payable immediately 
and the inspector or other officer exercising his functions may 
issue a certificate of inspection and measurement which shall be 
prima facie evidence of such inspection and measurement of the 
oysters under the provisions of this Act; provided that for the 
stamping of each basket mentioned in Section 1 such inspector or 
officer shall be entitled to charge and collect immediately after 
stamping, from the owner or owners of the baskets so inspected and 
stamped, a fee of thirty cents. 

20 



Section 4. Be it further enacted, etc., That for the purpose of 
making the inspection and measurement provided by this Act, and 
of ascertaining the number of sacks, barrels and baskets arriving 
in the different ports and cities mentioned in Section 1 and the 
names and addresses of the sellers, exporters, consignors, buyers, 
importers and consignees of such oysters to be inspected and 
measured under the provisions of this Act, and the quantity con- 
signed to each buyer, importer and consignee, and such other in- 
formation as may be necessary to obtain an order to perform the 
duties imposed upon him by law, such inspector or officer exer- 
cising his functions shall have the right and power to go on board 
the boat arriving with such oysters, in order to count the number 
of barrels, sacks and baskets thus arriving and to be unloaded from 
said boat, and shall also have the right and power to demand and 
obtain an examination of the boat's manifest and it shall be the 
duty of the owner, master, captain or other person in charge of 
said boat or of said manifest to produce the manifest and allow 
such examination by said inspector or officer. 

Section 5. Be it further enacted, etc.. That any and all buyers, 
sellers, importers and exporters of oysters arriving at the different 
ports and cities in the State of Louisiana, of more than fifty 
thousand inhabitants, are charged with the duty of having such 
oysters inspected and measured, and such baskets inspected and 
stamped, in accordance with the provisions of this Act and any and 
all buyers, sellers, importers and exporters of oysters arriving at 
the ports and cities mentioned in Section 1, and any and all 
owners, masters and captains of boats arriving with oysters at said 
ports or cities, and any other person or persons, firm or firms and 
corporation or corporations (through their proper officer) violating 
any of the provisions of this Act, shall be deemed guilty of a mis- 
demeanor and shall be punishable for each offense by fine not 
exceeding Twenty-five Dollars, or imprisonment not exceeding 
thirty days, or both, -at the discretion of the court having juris- 
diction. 

Section 6. Be it further enacted, etc.. That there shall be an 
oyster inspector selected and appointed by the Governor from each 
parish shipping oysters under the provisions of this Act, whose 
duties and functions shall be to inspect and measure every sack 
and barrel of oysters arriving at the different ports or cities men- 
tioned in Section 1 of this Act, at the same time and place as the 
inspection might be made by the Inspectors of Weights and 
Measures, or other officer exercising similar functions, mentioned 
in Section 2 of this Act; provided, there shall be only one inspec- 

21 



tion and measurement of oysters made by each oyster inspector 
provided for in this section. 

Section 7. Be it further enacted, etc.. That the said oyster 
inspector, mentioned in Section 6 of this Act, shall be entitled to 
collect from the buyer, importer or consignee of said oysters, one- 
fourth of one cent for each basket inspected and unloaded, payable 
immediately by the said buyer, importer or consignee of said 
oysters for the account and at the expense of the consignor or 
shipper of said oysters; provided, that the oyster inspector herein 
mentioned shall sign all certificates of inspection and measure- 
ment referred to in Section 3 of this Act, together with the In- 
spector of Weights and. ]\Icasures, or other officer exercising his 
functions, and no such certificate shall be valid or of any effect 
unless signed by both said inspectors, nor shall any claim for 
shortage of measure be allowed any consignee, buyer or importer 
of said oysters, unless he shall have first secured this certificate 
of inspection and measurement. 

Section 8. Be it further enacted, etc.. That in the event the 
two inspectors provided for in this Act fail to agree in their in- 
spection and measurement of oysters, as provided for in this Act, 
either or both shall immediately call in as arbitrator, the presiding 
officer of the board, or commission, exercising control over the 
oyster industry, and, in his absence, any member of said board or 
commission, and, in the absence of the latter, any inspector of said 
board or commission, whose award shall be final and who shall 
make out and sign the certificate of inspection and measurement 
herein referred to. 



23 



'ill 



LIBRARY OF CONGRESS 



002 896 744 5» 



